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Don’t let peevish behavior tie you up in litigation

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in Employment Law,Human Resources

Nobody likes a serial litigator, but don’t fall into the trap of punishing an employee for repeatedly filing lawsuits.

The hazard: If a supervisor seems to be out to get the worker, you could face a retaliation lawsuit.

Recent case: Oluchi filed a series of complaints against his employer over alleged underpaid wages. Then he claimed that his supervisor began refusing to pay him overtime; the alleged motive was a desire to punish Oluchi for all those claims. Then he filed another lawsuit—for retaliation.

The employer tried to get the case tossed out, but the court said Oluchi should have a chance to outline his prior lawsuit history and try to link those to the supervisor’s alleged deprivation of overtime pay. He received permission to redraft his complaint—for the fifth time. (Nnachi v. San Francisco, No. 13-CV-05582, ND CA, 2015)

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